Senate Bill S2843

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2843
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to  requirements  of  the
   annual  report  from  the  division  of  minority and women's business
   development

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 315 of the executive law, as added
 by chapter 175 of the laws of 2010, is amended to read as follows:
   4.  The  division  of  minority and women's business development shall
 issue an annual report which: (a) summarizes  the  report  submitted  by
 each  contracting  agency pursuant to subdivision three of this section;
 (b) contains such comparative or other information as the director deems
 appropriate, including but not  limited  to  goals  compared  to  actual
 participation  of minority and women-owned business enterprises in state
 contracting, to evaluate the effectiveness of the activities  undertaken
 by  each  such  contracting agency to promote increased participation by
 certified minority or  women-owned  businesses  with  respect  to  state
 contracts and subcontracts; (c) contains a summary of all waivers of the
 requirements  of  subdivisions  six  and  seven of section three hundred
 thirteen of this article allowed by each contracting agency  during  the
 period  covered  by  the report, including a description of the basis of
 the waiver request and the contracting agency's rationale  for  granting
 any such waiver; (d) describes any efforts to create a database or other
 information storage and retrieval system containing information relevant
 to contracting with minority and women-owned business enterprises; [and]
 (e)  contains  a summary of (i) all determinations of violations of this
 article by a contractor or a contracting agency made during  the  period
 covered by the annual report pursuant to section three hundred sixteen-a
 of this article and (ii) the penalties or sanctions, if any, assessed in
 connection with such determinations and the rationale for such penalties
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00219-01-9

 S. 2843                             2
 
 or  sanctions; (F) CONTAINS INFORMATION ON EACH CONTRACT IDENTIFYING THE
 FOLLOWING: (I) WHETHER IT IS A CONTRACT  FOR  GOODS  OR  SERVICES;  (II)
 WHETHER  THE CONTRACT WAS AWARDED TO A CERTIFIED MINORITY-OWNED BUSINESS
 ENTERPRISE  OR  A CERTIFIED WOMEN-OWNED BUSINESS ENTERPRISE AND IDENTIFY
 WHICH MINORITY  GROUP  MEMBER  THE  MINORITY-OWNED  BUSINESS  ENTERPRISE
 RELIES ON FOR CERTIFICATION PURSUANT TO THIS ARTICLE; (III) THE NAME AND
 BUSINESS  ADDRESS  OF  PRIME  CONTRACTORS  AND  SUBCONTRACTORS PROVIDING
 SERVICES UNDER  SUCH  CONTRACT;  AND  (IV)  THE  DOLLAR  VALUE  OF  SUCH
 CONTRACT;  AND  (G)  CONTAINS  A  SUMMARY  OF ALL CERTIFIED MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES,  CATEGORIZED  BY  THE  MINORITY  GROUP
 MEMBER  THAT  SUCH  MINORITY-OWNED  BUSINESS  ENTERPRISE  RELIES  ON FOR
 CERTIFICATION PURSUANT TO THIS ARTICLE AND BY GENDER.    Copies  of  the
 annual  report  shall be provided to the commissioner, the governor, the
 comptroller, the temporary president of the senate, the speaker  of  the
 assembly,  the minority leader of the senate, the minority leader of the
 assembly and shall also be made widely  available  to  the  public  via,
 among  other things, publication on a website maintained by the division
 of minority and women's business development.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 315 of the executive law, made by section one
 of this act, shall not affect the expiration of such section  and  shall
 be deemed to expire therewith.